Arbitration clauses contained in international commercial contracts – those involving parties domiciled in different countries and dealing with the cross-border supply and distribution of goods or services – are afforded more liberal construction by U.S. courts. Thanks to a United Nations Convention adopted by 144 countries, disputes arising out of or related to an international commercial contract containing a properly-drafted arbitration clause are highly likely to be arbitrated in the place specified in that clause, notwithstanding the creative legal maneuvers of an unwilling party. Surprisingly, the same cannot always be said of arbitration clauses in domestic commercial contracts. Courts Engage in Limited Inquiry Under UN Convention The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards[1. 9 U.S.C. §§201 et seq.; 21 U.S.T. 6997 (1970).] (the … [Read more...] about Arbitration Clauses In International Commercial Disputes
Blog
No End-Around for the At Will Employee
The general rule in New York is that an employee who does not work under an agreement for a definite term of employment is an “at-will” employee: She or he may be terminated at any time, with or without cause, for any reason whatsoever. Earlier this year, New York State’s highest court reaffirmed this general rule, and made a clear showing that it will guard closely against efforts to encroach on it. In Smalley v. Dreyfus Corp., 10 N.Y.3d 55, 853 N.Y.S.2d 270 (2008), the plaintiffs were a group of employees at the Taxable Fixed Income Group at Dreyfus. Each employee was hired at different times over a three year period. Both prior to and during their employment, rumors had been circulating that this group might be merged with another fund management company. Allegedly, the employees asked repeatedly about these rumors, and allegedly, these rumors were repeatedly and flatly denied. … [Read more...] about No End-Around for the At Will Employee